Day, Terri R.
Hall, Ryan C.W.
2011-02-03T23:17:46Z
2011-02-03T23:17:46Z
2010
89 Or. L. Rev. 415 (2010)
0196-2043
http://hdl.handle.net/1794/10954
38 p.
With an eye toward a Supreme Court decision sometime next year,
this Article looks at the First Amendment implications of restrictions
on violent video games and the tension between social sciences and
the law in protecting children from uncertain harm that may be caused
by violent video games. Part I chronicles the history of industry
measures, in response to political pressure, to shield young children
from the perceived negative effects of violence in various media. Part
II addresses the First Amendment obstacles to imposing restrictions
on violent video games. Part III reviews the current state of the
conflicted scientific literature on the issue of violent video games and
their effects on children. The potential biases and limitations of
applying social science research to legal issues will be discussed,
suggesting that the Court set high standards for using and reviewing
social science research in First Amendment cases. This Article is not
meant simply to predict how the Court will rule. It proposes a newly
articulated standard for reviewing legislative findings when social
science evidence is relied upon to support restricting First
Amendment liberties. Finally, this Article will end on a cautionary
note, concluding that politics and “soft science” should not dictate First Amendment jurisprudence, even for the laudable goal of
protecting children.
en_US
University of Oregon Law School
United States. Constitution. 1st Amendment
Video games
Violence
Oregon Law Review : Vol. 89, No. 2, p. 415-504 : Déjà Vu: From Comic Books to Video Games: Legislative Reliance on “Soft Science” to Protect Against Uncertain Societal Harm Linked to Violence v. the First Amendment
Déjà Vu: From Comic Books to Video Games: Legislative Reliance on “Soft Science” to Protect Against Uncertain Societal Harm Linked to Violence v. the First Amendment
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